12/21/2020 Zoning Commission Minutes

Subject to Approval

ZONING COMMISSION-MEETING MINUTES
MONDAY, December 21, 2020
The public hearing was web-based on Zoom at https://zoom.us/j/2574297243
Meeting ID: 257 429 7243

I. CALL TO ORDER - Chairman Ryan called the meeting to order at 7:00 pm.

1. Appointment of Alternatives: Shannon Knall was appointed then removed when Bruce Elliott arrived.

Present: David Ryan, Anne Erickson, Diane Madigan, Kevin Gray, Michael Doyle, Shannon Leary Knall and Bruce Elliott

Absent: Donna Beinstein and Melissa Osborne

II. APPROVAL OF MINUTES of the MONDAY, December 7, 2021 regular meeting

Motion made by Mr. Gray to adopt the minutes of the December 7, 2020 meeting as submitted, Seconded by Mr. Gray. Motion passed unanimously 6-0-0

III. PUBLIC HEARINGS
1. Application #20-13 of the Simsbury Land Trust, Applicant; for a Special Exception pursuant to Section 6.3A of Zoning Regulations to construct a gravel parking area at the property located on East Weatogue Street, Tanager Open Space Parking Lot (H11-106-037A), Zone R-80

The public hearing was opened and Karen Brand summarized the proposed gravel parking lot on behalf of the Simsbury Land Trust. Ms. Brand noted this proposal has secured a Certificate of Appropriateness from the Historic District Commission and approval from the Conservation Commission/IWAA. Ms. Madigan inquired if the proposal was for the existing parking area.

Mr. Glidden clarified the location. Currently people are parking beyond the designated area. This proposal defines the parking area and addresses the erosion and sediment control issues. A portion of the previously disturbed area will be reseeded and restored to grass. The new area is closer to Lucy Brook. Mr. Glidden further explained the location was chosen to improve the sight line at the entrance.

Mr. Ryan commented that it might be better if the ADA parking space were moved to the first spot, closest to the road, in the block of three spots to the West of the current spot. Mr. Glidden indicated that he is waiting for the engineering comments however he agrees that the ADA space should be relocated.

Mr. Ryan read the public comment email received from Katie MacQuattie. Ms. MacQuattie indicates that the new parking lot proposal appears to address concerns pertaining to flooding, but the new parking location is not the area that is currently flooding. Ms. MacQuattie requested more information on the location, the proposed native plantings, screening of the parking area and the planned maintenance of the site. She also complained that people unsafely park along the road and use the trails at all hours.

Mr. Elliott emphasized that this is a public hearing and was concerned that Ms. MacQuattie stated in her comment that the meeting was closed. Mr. Glidden indicated he would contact Ms. MacQuattie to inform her of the public hearing participation process via Zoom. Mr. Elliott inquired if this application has been before the Zoning Commission previously. Mr. Glidden confirmed that is has, however the applicant needed to secure approval from other Commissions prior to proceeding with Zoning.

Ms. Brand addressed some of the concerns discussed by Ms. McQuottie including on street parking, traffic and the hours of operation. She discussed the posted signage indicating the trails are open dawn till dusk and the signs that say no on street.

Mr. Doyle made a Motion to continue the public hearing to the January 4, 2021 meeting. Seconded by Mr. Elliott. Motion passed unanimously 6-0-0.

Application #20-15 of Robert Bylykbashi, Applicant; Twenty Two GC 2012, LLC, Owner; for a Special Exception pursuant to Section 4-6B of Zoning Regulations to expand his liquor license to include an expanded outdoor patio at the property located at 836 Hopmeadow Street (H09-227-001A-1B), Zone SCZ

The public hearing was opened, and Mr. Bylykbashi presented the application. Mr. Bylykbashi explained they are currently operating a patio allowed by COVID related executive orders. He wants to make the patio permanent, extend the patio and modify it fto enable three season patio. Mr. Bylykbashi clarified they have two applications on the agenda. The public hearing is for the Special Exception for extending the liquor permit. A Site Plan modification for the actual changes to the patio are covered under separate application number. A site plan modification does not require a public hearing.

Ms. Madigan requested clarification on the location and about what is being proposed. Mr. Bylykbashi indicated that the proposal is to expand the 1200 square foot patio and to enclosing it with a canopy or hard top with auxiliary heating. Mr. Elliott inquired if it is still considered a patio after it is enclosed,. Mr. Glidden clarified the differences between COVID regulations for enclosed patios and the standard regulations. Mr. Elliott further asked if the Building Inspector or Town Engineer has reviewed the plans. Mr. Glidden said that both the Fire Marshall and the Health District have reviewed the plans. Mr.Bylykbashi had a meeting with the Fire Marshall and the Fire Marshall has reviewed the plans. Mr. Glidden indicated that the fire prevention code would be more restrictive than the building code, It is only after receiving the Fire Marshall’s approval that this application has been submitted. Mr. Glidden clarified the Building Inspector’s role in reviewing the plans and time frame in which he becomes involved.

Mr. Glidden explained that Patio extension application was presented to the Design Review Board this evening, and they requested a detailed color rendering of the project prior to making a referral to Zoning Commission.

Mr. Ryan inquired if the patio expansion will require a Certificate of Occupancy. The project will require a building permit and review. Mr. Elliott requested clarification pertaining to the two existing patios identified on the drawings. Mr. Bylykbashi explained the patios.

Mr. Ryan pointed out that the application for the Special Exception is to modify the liquor permit. Mr. Glidden discussed each of six criteria that should be considered as stated in the Zoning Regulations for Special Exceptions including, orderly development, property values, public safety, traffic consideration, landscaping and relation to utility systems, drainage systems and impact on Community Facilities.

Mr. Grey inquired if they could approve the Special Exception at a different time than the site plan. Mr. Glidden answered yes, and that the application to modify the State Liquor Permit requires the granting of the Special Exception by the Town. The timeline for the proposed work and the separation of the applications were discussed. The liquor permit modification takes time and should be started immediately.

Mr. Doyle made a motion to close the public hearing. Seconded by Ms. Erickson. Motion passed unanimously 6-0-0.

Mr. Gray made a Motion to consider application 20-15 under Old Business, Seconded by Mr. Doyle. Motion passed unanimously 6-0-0.

Mr. Doyle made a motion to approve to approve Application #20-15 of Robert Bylykbashi, Applicant; Twenty Two GC 2012, LLC, Owner; for a Special Exception pursuant to Section 4-6B of Zoning Regulations to expand the outdoor patio liquor permit at the property located at 836 Hopmeadow Street (H09-227-001A-1B), Zone SCZ. In granting the special exception, the Commission finds proposed expansion has demonstrated compliance to the following areas:

1.) Orderly Development – the proposed renovation is in keeping character for the location within Simsbury Center
2.) Property Values – the investment will result in an increased value of the space as a direct result of the improvements
3.) Public Safety – the work does not create hazards as it relates to the CT Fire Prevention Code and CT Building Code
4.) Traffic Considerations- while the expansion will be result in the reduction of parking spaces, the applicant has demonstrated that using the area for temporary outdoor dining has not created a traffic issue from a parking or traffic circulation perspective
5.) Landscaping- N/A
6.) Relationship to utility systems, drainage systems and impact to community facilities- the site is served by public water and sewer, and the work is within an area that is currently covered by building overhang, there are no issues.

The notice of grant for special exception needs to be filed with the Simsbury Town Clerk in order for it to become effective.

Seconded by Mr. Gray. Motion passed unanimously 6-0-0.

Application #20-14 of Robert Bylykbashi, Applicant; Twenty Two GC 2012, LLC Owner; for a Site Plan Modification expand outdoor patio at the property located at 836 Hopmeadow Street (H09-227-001A-1B), Zone SCZ

Mr. Glidden reported that the Design Review Board has requested more information prior to providing a referral to the Zoning Commission therefore it was suggested to table the application until the next regular meeting.

Mr. Bylykbashi confirmed he will have more information to provide at the next meeting. Mr. Gray inquired if this will increase the parking requirement. Mr. Glidden confirmed that it will and will have the actual calculations for the next meeting.

Mr. Gray made a motion to table the application 20-14. Seconded by Mr. Doyle. Unanimously passed 6-0-0

III. GENERAL COMMISSION BUSINESS
Mr. Glidden reported that he is still working with the Attorney for the Town for the proposed updates to the sign regulations.

Mr. Glidden requested that the Commission review Industrial Zone uses at a future meeting. The Town has about 250,000 sq ft of empty office space.

Mr. Glidden also mentioned he would like a third party to review the PAD regulations in the Spring. Mr. Gray commented that he has previously been dissatisfied by consultant work product. Discussion ensued about mixed use, and how it has been enabling more multi-family residential development without the expected mixed-use commercial development.

Mr. Gray discussed the correspondence from Bloom Energy with respect to an application for fuel cells. Mr. Glidden clarified that Docket 34 indicates that the Town Commissions receive notification of an application received. However. the Siting Council hears the application. Mr. Glidden indicated that he has received a copy of the plans. Mr. Gray inquired if the Zoning Commission has any control over the appearance of the fuel cell. Mr. Glidden indicated that the Siting Council has sole jurisdiction of this. The Zoning Commission could provide comments requesting screening of the fuel cells. Discussion ensued as to fuel cell, and it was requested that this fuel cell application be placed on a future agenda for formal discussion.

IV. ADJOURNMENT
Mr. Gray made a motion to adjourn the meeting. Mr. Doyle seconded the motion.

MOTION: All in favor, no opposed, no abstentions. (6-0-0)

The meeting adjourned at 8:18 pm.